how can my mom drop a restraining order against her ex boyfriend?
September 8th, 2010
my mother had called the cops on her boyfriend for abuse, he went to jail and then got out. she had put charges in him and the cops got the restraining order against him and myself, we went to court and testified, now can she drop the charges and the restraining order and put him in a rehab center. for drugs?
You really want an abuser to have a restraining order dropped,and expect him to be enraged by you two? Don’t do it.
She could write a letter to the judge or the DA asking that the restraining order be dismissed. It would ultimately be up to the judge and if he felt that it was a good idea or not. I work for the court here where i live and somtimes people will get DV TROs’ and want them dismissed but because of the intensity of the violence that took place he will not remove them.
Go to this site: http://www.larcc.org/pamphlets/children_family/get_restraining_order.htm it will tell you everything you need to know.
I’m not sure if that can be un-done so easily, it would probably have to be brought to court. However, it is very hard to do and in doing so, will make your mother seem like she is undecided about what statements and declarations about her abusive ex-boyfriend she wishes to keep. This may cause your mother to have a harder time in the future convincing a court because of her unstable choices. (Think of the boy with the sheep who cried wolf!)
Also, experience suggests that abusive boyfriends tend to become more violent. I suggest your mother seek a psychologist to evaluate her sudden change of mind.
I suggest you consult a lawyer as well if you do decide to give him a break. But beware.
She can’t put him in rehab.
He’s an adult so he has to do it.
Putting someone in rehab doesn’t help if he doesn’t want to recover.
Its a waste of time and money.
Courts, not cops, impose restraining orders. The court that imposed it can rescind it.